Arkansas Equal Justice sign now

To: Arkansas Post Prison Transfer Board, Governor Mike Huckabee, and State of Arkansas


We, the undersigned, citizens of this great State of Arkansas, voice our call for justice on behalf of inmate Anthony Thrash #094228.,

We stand on the fact that all citizens of Arkansas, and these United States, when charged with a crime are given full and complete due process of law as provided by the Constitution. When prosecutors fail to uphold this duty under the Constitution; when the Courts fail to ensure that corrective legal means are available, it becomes pivotal that the Governor acts within its executive power, given by law, and assure that justice prevails.

This is particularly true when prosecutorial misconduct and the courts showing of its own negligence in reviewing the case, demonstrate a probability that constitutional violations resulted in the conviction of one who is actually innocent.

Anthony was convicted of capital murder and sentenced to life without parole based on the testimony of one person, Deidra Gaddy. The States star witness, Deidra Gaddy is the admitted perpetrator of this crime.

According to law, when a prosecutor promises to negotiate or negotiates a deal of leniency to a testifying witness as a reward for their testimony, this agreement MUST be disclosed to the defense. The law gives this safeguard because of the need to make the jury aware the motive(s) a witness may have in testifying falsely against a defendant and/or reasons to testify in favor of the State.

Before the start of Anthonys trial, a motion was filed asking the prosecutor to disclose whether or not Deidra Gaddy would be testifying under any inducements of leniency?

At trial, the prosecutor asked Gaddy on the witness stand if she had been promised anything in return for her testimony? Gaddy answered, No. I have not. During its closing argument the prosecutor told the jury that Deidra Gaddys trial testimony was not under protection of any inducements and could be used against her. Both Gaddys testimony and the prosecutors representation to the jury were false.

An investigator, on Anthonys behalf, finally uncovered the truth, finding that the prosecutor had in fact negotiated an agreement with Gaddy in return for her testimony. A copy of Gaddys plea and sentencing records were obtained which shows that the prosecutor reduced Gaddys charge from capital murder to first degree murder and gave her a sentence recommendation of twenty years in return for her testimony given at Anthonys trial.

Upon receiving the benefits of this agreement (that was purposefully hidden from Anthony and his jury), Deidra Gaddy (the admitted perpetrator) was sentenced to twenty years, serving five years in prison and then granted parole.

Whereas, Anthony, who has always maintained his innocence remains in prison doing life without.

When Anthonys investigator was finally able to locate Gaddy and asked them about Anthony and this case, Gaddy gave a notarized sworn affidavit attesting to the fact that she had negotiated an agreement with the prosecutor to testify against Anthony, and that the prosecutor gave instructions to keep this agreement hidden.

Gaddy further stated in their affidavit that she lied on the witness stand and that Anthony did not commit this crime; stating that the only reason she went to trial and testified falsely against Anthony was to receive the agreement of leniency given by the prosecutor.

Gaddys affidavit further states that, prior to trial; she told the prosecutor and other police officers that Anthony did not commit this crime.

Anthonys investigator located and obtained an affidavit from one of the police officers Gaddy named in their affidavit as being someone they told; Anthony was innocent. Yes, in the officers affidavit they acknowledge that Deidra Gaddy had indicated to them that Anthony did not commit this crime.

Again, by law, the fact that Gaddy told the prosecutor and officers that Anthony is innocent, should have been disclosed to the defense and the jury should have been made aware of this, but was not.

Under these circumstances there is no way that, Anthony received a fair trial. However, the acts of injustice did not stop here, but continued as Anthony took his claims of constitutional violations to the Arkansas Supreme Court.

In the year 2000, the Arkansas Supreme Court acknowledged major discrepancies in its past rulings regarding the appropriate standard of review it used in granting a Writ Of Error Coram Nobis. The court noted that the standard it had been using was in fact contrary to and involved an unreasonable application of clearly established Federal law, as handed down by the United Sates Supreme Court. [The case was Larimore (2000)]
The Arkansas Supreme Court wrote in the Larimore case that: at different times we have used different phrases to articulate the standard for determining whether a petition for a Writ Of Error Coram Nobis should be granted the very stringent standard that when an issue is not addressed at trial because it was somehow hidden or unknown and would have prevented the rendition of the judgment had it been known to the trial court.
We now conclude that the would have prevented phrase turn upon the question of whether there is a reasonable probability that the judgment of conviction would not have been rendered, or would have been prevented, had the exculpatory evidence been disclosed at trial. The United States Supreme Court has adopted a similar standard for these violations.
Specifically, we hold that in our review of the granting of a petition for a Writ Of Error Coram Nobis in this case (Larimore (2000) and all future cases we will determine whether there is a reasonable probability that the judgment of conviction would not have been rendered, or would have been prevented, had the exculpatory evidence been disclosed at trial.

It is clear that the Arkansas Supreme Court changed its review standard in the 2000 Larimore decision.

Nevertheless, when Anthony presented his case to the court in 2003, (well after the courts mandate in Larimore (2000), our States highest court failed to uphold its own mandate by applying the very stringent and out of date standard, the standard that the court determined in 2000, was contrary to, and an unreasonable application of the law.

In Anthonys case the court ruled that: A Writ Of Error Coram Nobis is an exceedingly narrow remedy, appropriate only when an issue was not addressed or could not have been addressed at trial because it was somehow hidden or unknown and would have prevented the rendition of the judgment had it been known to the trial court.

When the prosecutors knowingly present false testimony and themselves knowingly misrepresent evidence to the jury; withholds information that states a persons innocence, and our States highest court fails to follow its own laws, fails to apply the law equally to all persons something is very wrong! Anthony became a victim.

If or when our judicial branch fails to respect and protect citizens constitutional rights, the Governor is invested with the executive power to restore order and justice. Thus, we the undersigned pray that the Governor will maintain our faith and confidence in our system of government by granting inmate Anthony Thrash #094228 clemency.

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Leah WolfeBy:
International PolicyIn:
Petition target:
Governor Mike Huckabee, Post Prison Transfer Board

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